Barton County democrat. [volume] (Great Bend, Kan.) 1885-1915, 1887-06-30
KANSAS COUNTY SEATS.

County Case-Cotterman's Report APP
PrOved-The Law Governing the Taking
OF the Census
Topeka, Kan, June 20.-The Governor
has handed down the following decision in
the Stanton County seat cases. As it is the
first case arising under the new law, the
opinion will be read with interest all over
the State:
STATE OF KANSAS, EXECUTIVE DEPART
MENr, TOPEKA. Kan, June lion April 5, 1887.
there was presented TO me memorial duly
authenticated required by law. and signed
by over 400 householders ana legal electors OF
the unorganized county of Stanton, setting forth
that there were 2,5 bona fde inhabitants in
that county, 400 OF whom were householders.
and praying for the organization of said county.
On the same day. in compliance with author
f1y vested in me by law, 1 appointed w A. Cot
terman bona fde resident OF the county OF
Usage, to take the census ana ascertain the
number OF actual bona fide inhabitants OF the
unorganizcd county of Stanton and TO discharge
such other duties as are by law devolved upon
the census takers appointed in such cases. On
April SsadCotterman fled in the executive office
his official oath as required by law and proceeded
10 the discharge OF the duties OF his office.
On June {, 1887 said Cotterman made due
turn to the Governor, upon appropriate sched-
ules in duplicate, of the census enumeration
assessment OF real and personal property, and
election of legal voters of said unorganiZed
county of Stanton for temporary county seat
such returns having attached thereto his am
davit, sworn 10 before the clerk of the Supreme
Court of the State, that the census enumera-
tion and assessment contained therein are i'm
partial and true, and that the choice set forth
in said returns of the legal electors Of said
county for the temporary county seat is the
choice of each and every elector as therein set
forth.
enumeration and assessment made by him.
show that the total number of inhabitants OF
said unorganiZed county OF Stanton is twenty
eight hundred and sixty-four (2,6SD of whom
further show that the assessed value of real
estate in villages is S35 0S1, and in lands s11O ia
sod that the assessed value of personal proper
", exclusive of legal exemptions, is Sill. 935,
making the total assessed value of the taxable
property of the county, real and personal, $751;
$40. Said returns further record the election OF
seven hundred and eighty-two C!62) legal voters
Tor temporary county seat, OF whom four hun
dred and thirty-two (432) elected the town of
Johnson City, two hundred and eighty-four
C2S4) elected the town of Eli and sixty-six (66)
elected the town of West Haven. All other
facts required by law to be recorded in the re-
turns of the census taker are duly set down.
The returns made by the census taker, in so
far as they emumerate the inha bitants and the
amount of property found within the bounds of
said unorganlZed County Of Stanton. not
challenged. But the registry made by said
census taker of the election of legal voters for
temporary county seat was challenged by rep
resentatives of the town of Eli, contestants al
Ieging. under oath, gross carelessnesS on the
part OF the census taker in failing to keep his
record book constantly IN his own possession;
the changing OF votes by the census taker, after
they were once recorded at the request of the
voters themselves or OF persons claiming to
have authority to request such changes: the
changing of votes by unauthorized persons,
while the record book was not in possession of
the census taker and without his knowledge;
the striking of names from the record book by
the census taixer for the reason, as Stated by
him, that they were not legal voters, the cen
sus taker relying in making these changes
upon his meAlory; that the census record was
made with a lead pencil and is married, blurred,
scratched and erased, and that at least 104 votes
we're changed from Eli to Johnson City by the
census taker without any authority in law or
fact.
The census taker. replying to these allega-
tons. under oath denies that he was guilty of
carelessness in the custody of his records The
field book, he asserts was never out of his pos
session for any length of time, and no changes
were made in it by any unauthorized person.
All the records embraced in it were made by
himself, IN his own handwriting, and are true
records of the census enumeration, votes for
the county seat and other facts ascertained
b. him the official census taker of Stanton
County.
Mr.. Cotterman admits that q number of le-
gal voters OF Stanton County were permitted
by him to change their votes for temporary
county seat. He had designated no day as the
day for the census, and, in fact, the election
was continuous until he closed his books. The
vote OF Stanton County, as originally given by
the expression of its voters, was, for johnson
City, $50; for Eli, 252; for West Haven, "a The
vote after the changes recorded at the request
of voters were made stood: For johnson City,
432; for Eli 2S4; for West Haven, 66. He fur
ther states that the greater number of these
changes were made at the town of Eli
the 18th day OF May. No votes were
changed unless the voter appeared per
son, sent him a written request. and
less than twenty votes were changed on the
written request of voters who did not appear in |
M T10r NJ inns sci mad
changes the record book. All names of vot- |
ers that stricken from the record book |
were erased on the memoranda OF age, resi- |
dence, etc.. made by himself on the book,sn |
ing that the persons whose names were SO |
erased were not legal voters. Not one-tentn of |
the number of names alleged by contestants 10 |
have been so stricken of the books, were |
erased. He denies that 104 votes were changed |
from Eli to johnson City, and asserts that the |
change in votes, allowed to be made by voters, |
were very largely in the interest of the town of |
Eli. He alleges further that until the 18th day |
of May, when his work OF census taker was |
practically completed. person in Stanton |
County knew how the vote for county seat |
stood, nor did he himself know. He had never, |
previous to that day, counted the votes for the |
competing towns, nor permitted any one else TO |
do So No complaints Of unfairness PARTIAL |
" were made against him until after it was as |
certained how the vote stood; and a circular is |
sued by citizens of the town of Eli, only few |
days before the close OF the census, invites aliG
urges citizens OF Staunton County TO assemble |
at Eli on May IA when Mr.. Cotterman would be |
present land list all citizens who have not I
been listed and change all who have male a
choice for county seat and desire a change, or
record all who have recorded themselves unde-
cided."
The law relating to the organization OF new
counties after defining the duty of the census |
enumeration. says: 1.-The census taker shall
register upon said duplicate schedules, opposite |
the name of each legal voter. his election for /
Temporary location of county seat, which shall |
be taken by the Governor as the definite ex-
preston of said voter. unless there be evidence
before him that said list has been tempered |